Brandishing and the law?

Couple of things I've been wondering about. I believe brandishing a weapon for anything other than self defense is illegal in most areas, but I'm wondering if the Castle Doctrine offers any protection against being charged under certain circumstances.

A while back, a couple of friends dropped by for a visit with a couple of their friends in tow. While we were visiting, one of their friends asked to use the restroom and I accomodated them. A few minutes later, we heard what sounded like glass breaking in the restroom, along with the sound of it being cleaned up afterwards. I didn't think a whole lot about it, but went to use it myself a few minutes later. I discovered a broken crack pipe in the trash. Not something I welcome in my home, so I asked them to leave. Things got a little out of hand, mostly verbal, but heated, just the same. It wasn't necessary this time, but I considered grabbing my gun to defuse the situation. If I had, could I have been charged with brandishing a weapon, or would the Castle law have protected me?

This got me to thinking about something that happened to another friend recently. He was stopped at an intersection in his car when a bum came up to his window asking for a handout. Apparently, he was somewhat disconcerted, to say the least. He actually thought he was about to be carjacked. He has his CCW license and showed the guy his gun. The guy backed off and left him alone, but I'm wondering if he could have been charged, as well.

I guess I'm curious about how two seemingly conflicting laws are handled. Would it be a descretionary thing or do we actually have some rights or protections in cases like this from the Castle Doctrine?

I'm no expert , but considering the situation, i dont think you could be charged with brandishing in your own home.

I'm not sure of the legal definition of 'brandishing', but I think you can walk around your own home like rambo with your finger on the trigger and safety off and not be breaking any laws.

On another note, I actually pointed my carry gun at a guy in a parking lot late one night who had quietly approached me and my then pregnant wife. He was asking for money and somehow I didn't hear him approaching. He was way too close. I told him to back up one time and when he didn't, I made him. I guess I was brandishing, but I don't think i broke any laws.

Below is the applicable Mississippi statute:

Miss. Code Ann. § 97-37-19. Deadly weapons; exhibiting in rude, angry, or threatening manner.

If any person, having or carrying any dirk, dirk-knife, sword, sword-cane, or any deadly weapon, or other weapon the carrying of which concealed is prohibited, shall, in the presence of three or more persons, exhibit the same in a rude, angry, or threatening manner, not in necessary self-defense, or shall in any manner unlawfully use the same in any fight or quarrel, the person so offending, upon conviction thereof, shall be fined in a sum not exceeding five hundred dollars or be imprisoned in the county jail not exceeding three months, or both. In prosecutions under this section it shall not be necessary for the affidavit or indictment to aver, nor for the state to prove on the trial, that any gun, pistol, or other firearm was charged, loaded, or in condition to be discharged.

Thanks DBChaffin. I've read that before and had forgotten just how ambiguos MS gun laws are. I think they're written that way on purpose so they can charge who they want and let their friends slide. If I understand things correctly, according to the law, you aren't guilty of brandishing if you're defending yourself. Seems that leaves an awful lot of room for interpretation. Unless I was robbing someone, or intending them some undue harm, what other reason could I possibly have for brandishing? I picked up a bogus brandishing charge when I was a young man. Actually, I believe I was charged with pointing and aiming a firearm in an angry and rude manner, but it was basically the same thing. Funny thing is, by the time the argument insued, my gun was already in it's box and under the seat of my car, so the complaintant never actually layed his eyes on my gun. That's what got me out of the charge, but the JP that was railroading me still picked my pocket for $150. Didn't even get a reciept, but thankfully the BS didn't make it's way onto my record.

I'm assuming that, with the combination of this law and the castle doctrine, neither of the above cases would be considered brandishing, since both acts were done in self defense. That is, if you're on good terms with the authorities. Don't mean to sound so jaded, but the mess I mentioned drastically changed my feelings of trust of the law. I give them the utmost respect, but I really don't trust any of them. I just do my best to do right and hope God will watch over me.

You are right about brandishing, hard to understand and up to the LEO's discretion from what I've seen. The way I read what Bryant posted, you got to wait until someone else pulls a knife on you before you can pull your weapon. In 3Pop's situation, the guy didn't have a gun but still was up to no good.

According to the law posted by DB, if its just you and ONE OTHER PERSON, it aint "brandishin". Good to know.

All i can say is in my house i make the laws , bring drugs or anything else that i dont feel comfortable with in and you WILL answer to me!